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Vitti v. Maloney

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 836 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the Supreme Court, Westchester County (Walsh, J.).


Order affirmed insofar as appealed from, with costs.

A thorough review of the record indicates that there are several issues of fact which warrant a trial and which thereby preclude summary judgment ( see, Lagzdins v. United Welfare Fund-Security Div. Marriott Corp., 77 A.D.2d 585; Parello v Clover Leaf Towers Corp., 38 A.D.2d 731). Moreover, summary judgment may be properly denied where, as here, the facts surrounding the accident are solely within the knowledge of the moving party ( see, Parsolano v. County of Nassau, 93 A.D.2d 815). Accordingly, we affirm the order insofar as appealed from. Gibbons, J.P., Bracken, O'Connor and Brown, JJ., concur.


Summaries of

Vitti v. Maloney

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 836 (N.Y. App. Div. 1985)
Case details for

Vitti v. Maloney

Case Details

Full title:MARIO VITTI et al., Appellants, v. F.W. MALONEY et al., Respondents. (And…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1985

Citations

109 A.D.2d 836 (N.Y. App. Div. 1985)

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